I love you but if you told all that to an attorney he'd glaze over for ten minutes and then he'd be like..
"dude, here's a newsflash, you have "e-gold" in your name, you can't do that"
Honest to God, it's that simple.
Just to be clear ... (1) I absolutely couldn't give a flying fuck one way or the other, I just couldn't care less. I thnkyou should go for it and see what happens. I only responded to this because I happen to have mucho practical experience {well, only with the largest companies and most famous consumer consumer brands, maybe its all different for small companies, I don't know reallly} in this type of thing and I enjoy talking to you all on the mailing list, and there's not a whole hell of a lot else to talk about other than like the weather or new car models (what about the Pacifica??!) and (2) it really is That Simple
You can't go, oh, this is FordTyre company and its just a coincidence blah blah 500 words and its really 'for" "D." tyre company and our intentions 10,000 more words and common English usage of libertarian etc etc.
Your attorney would just say ....... "here's a newsflash, you cant have 'Ford' in the name. Can we think of something else? Without 'Ford' in the name?"
Incidentally! Regarding "Ford Towing". Ford Motor Company would PROBABLY WIN in that case, in fact almost certainly. {The only thing that might save them is if "Ford' is genuinely the family name of the towing company principles involved, that's like a free walk -- *sometimes*.} {If you want an example of this there is a restaurant in Greenwich, England called "McDonalds," a little old restaurant actually owned by some McDonalds family which is a similarly famous bit of arcana in brand circles}
I know numerous specific cases like this, because they're always famous in big-brand circles of people who work in that scene.
Someone mentioned Australia, if you want a specific famous case if you know Sydney there is Betty's Soup Kitchen on Oxford St at the corner of Crown St.. She had a campbell's-like lettered logo in red and white painted next to the name Betty's Soup Kitchen. She lost. Yes, they argued endlessly that it was an ironic reference to popular culture Warhol whatever. She still lost plainly after wasting the time and money on that.
You're forever getting some idiot opening up "Donald Duck's Carwash" because "My name really is donald and it means 'Duck Car' see because its a car in the water, its a DuckCar, nothing to do with Donald Duck, and Disney cant own the English language blah" and the judge just orders the sign removed and that's that. This is all well covered ground!
(You just HAVE TO WONDER why people bother getting into things like this? WHY???)
Talking of Australia, consumer products v. consumer products, there is a well-known multinational brand of chocolate cookie "Tim Tams". Earlier this year a local nationalist manufacturer came out with "TEM'p'TIMs" with a similar looking script -- of course he lost. (Didn't even go to trial, duh.) they modified it so it looked nothing like "Tim Tams". But, the guy got lots of publicity, so that's great in this case.
As Howard Gump says, that's all I have to say about that. Good luck in your trademark adventures!
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